Petitioner sought mandamus for removal of a 220KV transmission line from his land and compensation. The court, without examining merits, disposed of the writ petition directing him to approach the District Judge within four weeks under Section 10(d) of the Indian Telegraph Act, 1885 for enhanced compensation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5048 of 2024
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Rajeshwar Upadhyay, son of Late Yogendra Upadhaya, resident of VillageChhapkahiya Manguraha, East Champaran, Manguraha, Police Station Govind Ganj, District-East Champaran.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Adv. For the Respondent/s : Mr. K P Gupta, GP 10 Mr. Deeppanjali Gupta, AC to GP 10 For the Resp. No. 6 Mr. Ritesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER
following reliefs:-
“ i. To issue a Writ in nature of Mandamus commanding the concerned respondents to remove the illegal construction of 220KV D/C Raxaul (New), Gopalganj, Transmission line with Twin Moose Conductor from lands pertains to khat no 199 khesra no 1135
Patna High Court CWJC No.5048 of 2024(9) dt.23-08-2024 2/3
situated in rampur chhapakahiya Mauza area 2 katha 4.5 dhur belongs to the petitioner.
ii. To issue a Writ in nature of Mandamus directing upon the respondents to pay reasonable compensation for the land which is being used by the Department of Energy the construction of 220KV D/C Raxaul (New), Gopalganj, Transmission line with Twin Moose Conductor.
iii. To issue a Writ in nature of Mandamus directing upon the respondents prohibiting to install further Tower for running electric line over the land of the petitioner and for its removal, if during the pendency of the writ application it has been fixed.”
Patna High Court CWJC No.5048 of 2024(9) dt.23-08-2024 3/3
who shall deal with the case in accordance with law.
stands disposed off to the extent indicated above
(A. Abhishek Reddy , J)
Bhardwaj/-
U
1 issue framed by the court
Whether a writ petition lies for removal of transmission towers and compensation for land used, or whether the petitioner must seek enhanced compensation under Section 10(d) of the Indian Telegraph Ac
1 provisions across 1 enactments
Rajeshwar Upadhyay
The State of Bihar through Additional Chief Secretary, Energy Department, Government of Bihar
The Additional Chief Secretary, Energy Department, Government of Bihar, Patna
The District Magistrate, East Champaran
The Superintendent of Police, East Champaran
The Sub-Divisional Officer, Areraj, East Champaran
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
